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Section 11

The Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2011State Act of Odisha · Act 9733 of 2011

(1) Whoever,—

(a) obtains a false Caste Certificate by furnishing false information or by filing false statement or documents or by any other fraudulent means; or

(b) not belonging to any of the reserved category secures any benefit or appointment exclusively available for such reserved category in the Government, Local Authority or any public sector undertaking or in any Government aided institution, or secures admission in any educational, institution against a seat exclusively reserved for such reserved category or is elected to any of the elective offices of any Local Authority or Co-operative Society against the office, reserved for such category by producing a false Caste Certificate, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years or with fine which shall not be less than two thousand rupees, but may extend to twenty thousand rupees or both.

(2) No Court shall take cognizance of an offence punishable under this section except upon a complaint in writing made by the Scrutiny Committee or by any other Officer duly authorised by the Scrutiny Committee for this purpose.

Offences to 12. Notwithstanding anything contained in the Code of Criminal be cognizable Procedure, 1973 and non-bailable, • (a) offences punishable under section 11 shall be cognizable and non-bailable;

2 of 1974.

Penalty for issuing false Caste Certificate.

(b) every offence punishable underthis Act, shall be tried by any Magistrate of First Class in- a summary way and provisions of sections 262 to 265 of the said Code both inclusive except sub-section (2) of section 262 shall, as far as possible, may be applied to such trial.

-13. (1) Any person or authority performing the functions of Competent Authority under this Act, who intentionally issues a false Caste Certificate, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years or with fine which shall not be less than two thousand rupees, but may extend to twenty thousand rupees or both.

7

(2) No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government.

14. Whoever abets any offence punishable under this Act shall be punished with the punishment provided for the offence.

15. No Civil Court shalt have jurisdiction to entertain, to continue or to decide any suit or proceeding or shall pass any decree or order or execute wholly or partially any decree or order, if the claims involved in such suit or proceeding, or if the passing of such decree or order or if such execution would, in any way, be contrary to the provisions of this Act.

16. No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder.

17., Save as otherwise provided, the provisions of this Act shall be in addition to the provisions of any other law for the time being in force.

Penalty for abatement.

Bar of jurisdiction of Civil Courts.

Protection for acts done in good faith:

Provisions of this Act are in addition to any other laws.

Powers to make rules.

18. The Government may, subject to the previous publication, by notification in the Official Gazette, make rules to carry out all or any of the . • Power to remove difficulties.

Where this provision sits

ActThe Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2011
Section11
JurisdictionState of Odisha
StatusIn force as published by the source

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